TOS

Nine Planets, LLC provides web hosting services to subscribers around the world. The following terms of service are designed to provide the highest level of service available.

Responsible Use

Services are provided to you in a way that you will have access to configure them as needed. It is your responsibility to configure the Services. Any custom configuration will not be allowed to affect the operation of our network, our provisioning of the Services of other customers, and is otherwise subject to our approval. Nine Planets, LLC, at it’s sole and exclusive discretion and judgment, may decide to refuse certain custom configurations from running within our network.

You must use your Service in a responsible manner. You may not disrupt other users of the Service, or our network. If your use of the Service results in any such disruption, Nine Planets, LLC may require you to modify your use of the Service or discontinue use of the Service until such time as your use does not cause such interference.

Scheduled Maintenance and Downtime

Nine Planets will use its commercially reasonable efforts to provide services 24 hours a day, seven days a week. Subscriber acknowledges that from time to time the services may be inaccessible or inoperable for various reasons, including periodic maintenance procedures or upgrades (“Scheduled Downtime”); or service malfunctions, and causes beyond Nine Planets’s control or which are not reasonably foreseeable by Nine Planets, including the interruption or failure of telecommunications or digital transmission links, hostile network attacks, or network congestion or other failures. Nine Planets will provide at least 48 hours advance notice to the subscriber for Scheduled Downtimes, and will use commercially reasonable efforts to minimize any other disruption, inaccessibility and/or inoperability of its web servers. Nine Planets has no responsibility for downtime resulting from a user’s actions.

Third Party Software

The Services provided by Nine Planets, LLC may come pre-installed with software owned by a Third-party (“Third-party Software”). If you represent to us that you already have a license to use the Third-party Software, we may require you to provide us with evidence of this license as well as proof of ownership.

You agree that Nine Planets, LLC is under no obligation to support any Third-party Software in any way. Should Nine Planets, LLC decide, at its sole discretion and judgment, to offer support for any Third-party Software, that support is not guaranteed or warranted in any way, and does not constitute as an agreement of any kind.

Nine Planets, LLC reserves the right to prohibit the use of any Third-party Software from within its network.

Software Patches

Nine Planets, LLC may provide software updates, upgrades, bug fixes, or enhancements offered by Third-party Software providers (“Patches”) with or without your requesting Nine Planets, LLC to do so. Patches may also be set to be applied automatically using automated patching systems. Nine Planets, LLC assumes no liability whatsoever for the consequences resulting from the installation of the Patches, or any attempt by us to install or remove the Patches. It is your sole and exclusive responsibility to determine if installation of the Patches will damage your data, or otherwise affect the operation of your services.

Site Transfers

Free site transfers using cPanel’s Backup and Restore features is provided as a courtesy service, and comes with no guarantees, warranties, or other promises of any kind. Nine Planets, LLC also does not warrant or guarantee the amount of time it will take for us to perform the transfer. Nine Planets, LLC will make every reasonable effort to transfer your site as quickly and efficiently as possible, but every host is different, and in some rare cases Nine Planets, LLC may be unable to assist you in transferring your site.

Services Provided

The pricing, features and term of the products and services you purchase from us are set out on the web page on which the particular products and/or services are described. The Effective Date is the date in which the service was activated. The Services are provided to you based on the Description Page as of the Effective Date. The Description Page may change during the Term.

Nine Planets, LLC will provide to you the Services as it was depicted on the Description Page as of the Effective Date. If the contents of the Description Page change during the term of your service, Nine Planets, LLC is under no obligation to modify your service based on the changes in the Description Page.

Nine Planets, LLC will make every reasonable effort to make Services available to you, however, Nine Planets, LLC reserves the right to modify the Service or the way in which we provide them to you, should any of the following occur:

A third party vendor ceases to make a critical aspect of the Service available to us;

the Service is prohibited by law or regulation; and/or

it becomes uneconomical for us to continue providing it to you.

Nine Planets, LLC reserves the right to refuse service to anyone for any reason.

Certain aspects of the Service may be provided by third parties or third party software. These third parties may have reserved the right to make changes, including material changes, to the service or software that they provide. If a third party makes a change to it’s service or software, you may not terminate this TOS based on such a change, even if it materially affects the Service.

Lawful Purpose

You may only use Nine Planets LLC’s servers for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. The designation of any materials as such described above is left entirely to the discretion of Nine Planets LLC’s management. Content that does not meet these standards will be removed without prior notice to the subscriber.

Server Abuse

Any attempts to undermine or cause harm to a Nine Planets, LLC server or subscriber of Nine Planets, LLC is strictly prohibited including, but not limited to:

Logging into a server or account that you are not authorized to access

Accessing data or taking any action to obtain services not intended for you or your use

Attempting to probe, scan or test the vulnerability of any system, subsystem or network

Transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing a computer’s functionality or the operation of the System

Interfering with, intercepting or expropriating any system, data or information

Interfering with service to any user, host or network including, without limitation, by means of overloading, “flooding,” “mailbombing,” or “crashing” any computer system

You will be held responsible for all actions performed by your account whether it be done by you or by others.
All sub-networks of Nine Planets, LLC and all dedicated servers must adhere to the above policies.

30 Day Money Back Guarantee on Shared Hosting

If you determine that you are unhappy with your shared hosting at any time in the first 30 days of service you may cancel the service for a full refund. Virtual Dedicated, Virtual Private, and Dedicated servers are not included for the 30 Day Money Back Guarantee. Setup fees and domain registration fees are NON refundable.

Refunds

With the exception of the 30 Day Money Back Guarantee on Shared Hosting, all payments to Nine Planets LLC’s are nonrefundable. This includes one-time setup fees, prepayment fees, and subsequent charges regardless of usage. You shall not be entitled to any refunds, pro-rated or otherwise, in the event of early termination of this agreement by Nine Planets LLC’s or by you according to the terms outlined by this TOS or Nine Planets LLC’s.

Nine Planets LLC’s, at its sole discretion and judgment, may determine to offer you a refund, pro-rated or otherwise.

Any violation of Nine Planets, LLC’s Terms of Service Agreement shall result in no refund.

Billing and Payment

Nine Planets LLC’s obligation to provide the Service is contingent on your payment of the fees and charges set out on the Product Description Page (“Fees”). Accepted methods of payment are credit card (Visa, MasterCard, and American Express), PayPal, check, or money order. PayPal payments must be submitted to support@9planetshosting.com. You are responsible for any additional transaction fees that coincide with any payment methods. Checks and money orders should be sent at least 7 days prior to the invoice due date to help ensure that the payment is received by Nine Planets LLC’s in a timely manner.

Nine Planets LLC’s requires payment terms of Net 10 (“Due Date”), unless otherwise agreed upon. It is your responsibility to ensure that Nine Planets LLC’s receives payment of the Fees. Accounts not brought current will be assessed a 1.5% finance charge, with a minimum charge of $3.00.

The Annual Percentage Rate for past-due accounts is 18%.

All setup fees and domain name registration fees are non-refundable for any reason.

All pricing is guaranteed for any term of pre-payment. Nine Planets LLC’s reserves the right to change prices at any time, unless other terms have been agreed upon. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies Nine Planets LLC’s to request for termination of services. All payment is in U.S. Currency. Nine Planets LLC’s will bill each client $45.00 per returned check and per credit card charge-back received.

Should the Service be suspended, for any reason, Fees will continue to accrue. Should service be interrupted for nonpayment, the account will be subject to a $50 per-service reconnect charge. Reactivation will only occur once the outstanding balance has been received in full. If multiple services are deactivated due to nonpayment, all outstanding invoices must be paid in full before any one service will be reactivated. Nine Planets LLC’s reserves the right to keep any service deactivated until funds paid have cleared with our financial institution.

Disputes

If you believe there is an error in your bill you must contact Nine Planets LLC’s within 60 days of the invoice in question (“Dispute Deadline”) in order to file a dispute. You and Nine Planets LLC’s each agree to work together in good faith to resolve the billing dispute. Your dispute must include sufficient facts for us to investigate your claims. You agree to waive your right to dispute any charges or Fees if you fail to meet the Dispute Deadline. If we find that your claim is valid, we agree to credit the account that is the subject of the dispute on your next bill. If you contact your credit card company, prior to notifying us of the dispute, and initiate a charge back based on this dispute, or your charge back claim is past the Dispute Deadline, you will be charged a $200 Administration Fee.

Account Cancellation and Suspension

Nine Planets LLC’s reserves the right, at its sole discretion and judgment, to cancel this agreement and/or the services provided herein for any reason at any time. Nine Planets LLC’s will use every reasonable care in notifying you of the reason for this decision, and will make every reasonable effort to work with you to rectify any problems that may have effected our decision.

In order to cancel your account, you must contact Nine Planets LLC’s at least 7 days before the end of the services billing cycle. Cancellation requests must be in writing and must originate from the account owner that corresponds with Nine Planets LLC’s records. You must have all account information in order to cancel an account. Nine Planets LLC’s reserves the right to verify the legitimacy of an account cancellation for up to 30 days before the cancellation occurs.

Harassment and Abuse

Nine Planets LLC’s will not tolerate abuse of any kind towards its employees or agents. This includes verbal harassment, yelling, swearing, rudeness, threats, or any intentionally disruptive behavior directed at Nine Planets LLC’s or any of its employees or agents. You agree to engage Nine Planets LLC’s employees in a professional manner whether in email, support tickets, live chat, forums, or telephone calls. You agree that any abuse originating from you toward a Nine Planets LLC’s employee for any reason will be construed as a violation of this TOS agreement. No refunds will be provided for any service termination which arises as a result of a violation of this clause.

Damages

You acknowledge that the service provided is of such a nature that service can be interrupted for many reasons, the cause of which can be difficult if not impossible to ascertain. You agree that Nine Planets LLC’s shall not be held liable for any damages arising from such causes beyond the direct and exclusive control of Nine Planets LLC’s. You further acknowledge that Nine Planets LLC’s liability for its own negligence may not in any event exceed an amount equivalent to charges payable by you for services during the period damages occurred. In no event shall Nine Planets LLC’s be liable for any special or consequential damages, loss, or injury. IN NO EVENT SHALL Nine Planets LLC’s’ MAXIMUM LIABILITY EXCEED FIVE HUNDRED ($200.00) DOLLARS.

Severability

If any portion of this TOS, or accompanying documents (“Privacy Policy”), or the application thereof to any person, place, or circumstance, shall be held by an arbitrator or a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of the document and such provisions as applied to other persons, places, and circumstances shall remain in full force and effect, and such provisions shall be enforced to the fullest extent consistent with applicable law.

Force Majeure

You agree that Nine Planets LLC is not responsible for any damages, delays, or other failures to fulfill its obligations hereunder as a result of war, fire, strike, riot or insurrection, natural disaster, delay of carriers, governmental order or regulation, complete or partial shutdown of plant, unavailability of materials or equipment from suppliers, failures or blackouts, labor disputes, and/or other circumstances or occurrences beyond our control, whether or not it is similar to those listed above.

Disclaimers

NINE PLANETS LLC WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. NINE PLANETS LLC MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. NINE PLANETS LLC DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY NINE PLANETS LLC AND ITS AGENTS. NINE PLANETS LLC RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME.

ALL RESELLERS AND DEDICATED SERVERS OF NINE PLANETS LLC MUST ADHERE TO THE ABOVE POLICIES.

FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT DEACTIVATION.

Litigation

Regardless of your location, you agree that for purposes of venue and jurisdiction this contract was entered into and performed in Lane County, Oregon, and any dispute will be litigated or arbitrated in Lane County, Oregon. Customer further waives all objections to venue or jurisdiction and acknowledges that venue and jurisdiction in any such litigation will be held in Lane County Courts. IN NO EVENT SHALL NINE PLANETS LLC’S MAXIMUM LIABILITY EXCEED TWO HUNDRED ($200.00) DOLLARS.

Assignment

You agree that you do not have the right to assign this Agreement without the explicit written permission of Nine Planets LLC. This Agreement shall be in force and effect to the total benefit of You and Nine Planets LLC, and their successors and permitted assigns.